www.mplp.org


 

Issue 27  Spring 2005

Table of Contents

 

 

 


Consumer Law

Elder Law

Family Law

Housing Law

Public Benefits Law

Technology

 


MPLP 2005 Training Agenda

MPLP 2005 Taskforces Calendar




State Court Administrative Office Creates On-Line Self-Help Center The State Court Administrative Office has created an on-line self-help center at www.courts.michigan.gov/scao/selfhelp/selfhelphome.htm.The site includes information regarding how to find legal assistance, where to find Michigan laws, basic information about legal process, and how clients can represent themselves in some legal matters. It also includes information on mediation and links to many court-related sites.Clients can find information on appellate, civil, criminal, probate and family law and learn procedures for various courts The information is written in simple language and is relatively easy to navigate.The information may be helpful both for clients who will be representing themselves in litigation and for those who want a simple explanation of how the legal process works in state courts.


C O N S U M E R . L A W - Articles by Lorray S.C. Brown, MPLP Consumer Law Attorney

Case Developments


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E L D E R  L A W - Articles by Alison Hirschel, MPLP Elder Law Attorney

Department of Community Health Issues Proposed Policy on Annuities Recently, the Michigan Department of Community Health (DCH) issued a proposed policy governing the treatment of annuities for the purpose of qualifying for Medicaid... According to the summary, the policy was sparked by an increase in the use of annuities to "artificially impoverish a person in order to qualify for Medicaid long-term care."

Department of Community Health Issues Policy on
MiChoice Waiting Lists and Transition Services Effective May 1, 2005, DCH is implementing new procedures for establishing waiting lists for the MiChoice Home and Community Based Waiver Program and for providing limited payments to assist residents who wish to return to the community from nursing homes. These changes were mandated by the settlement agreement in Eager, et al. v. Engler, et al., a suit that challenged the virtual closure of the MiChoice Program to new applicants in 2001.

Governor's Medicaid Long Term Care Task Force Nears Completion of its Final Report The Governor's Medicaid Long Term Care Task Force is putting the finishing touches on its Final Report and Recommendations. The detailed and sweeping recommendations concern creating regional single points of entry for all long term care consumers...

State Pursues Efforts to Implement Estate Recovery
State Medicaid Director Paul Reinhart recently announced that a bill to enact an estate recovery program will be introduced in the legislature shortly. Michigan is the only state that has not yet implemented an estate recovery program as mandated in federal law and the state is eager to pursue it now...

CMS Launches "Hospital Compare" Website
Following the introduction several years ago of the popular "Nursing Home Compare" website and the more recent home health agency site, the Centers for Medicare and Medicaid Services has now launched a new website to allow consumers to compare data on hospitals in their area.


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F A M I L Y   L A W - Articles by Rebecca Shiemke , MPLP Family Law Attorney

Recent Appellate Decisions

Court Decisions from Other States


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H O U S I N G   L A W - Articles by Jim Schaafsma, MPLP Housing Attorney

Bill Would Radically Reshape HUD Rental Housing Programs The State and Local Flexibility Act of 2005 (S. 771; http://thomas.loc.gov/cgi-bin/thomas), introduced in the U.S. Senate on April 13 by Sen. Wayne Allard, would significantly change the shape of the HUD rental housing programs...

HUD's Proposed Public Housing Operating Subsidy Formula Rule Bypasses Neg-Reg Last year, as mandated by Congress, HUD reconvened a committee of "stakeholders" to develop, through a process called negotiated rulemaking ("neg-reg"), a new public housing operating subsidy formula that would adequately fund well-managed public housing. With limited resident involvement, this committee reached agreement on what the operating subsidy formula should be and how to make the transition to it...

More than 12,000 HUD Assisted Rental Units Lost in Michigan Since 1995 According to the National Housing Trust, more than 12,000 HUD assisted units have been lost in Michigan since 1995 (through February 2005), including more than...

New Resources for Advocates for the Section 515 Rural Housing Program As is the case with much of the HUD subsidized multifamily rental housing inventory, there is a threat of loss of much of the housing subsidized under the USDA's Rural Housing Service's Section 515 program...

Center for Housing Policy Releases 2005 Working Families Report A new report from the Center for Housing Policy based on the American Housing Survey finds that between 1997 and 2003 there has been a 67% increase in the number of low and moderate income working families facing critical housing needs, spending more than half of their income on housing or living in physically dilapidated units...


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P U B L I C . B E N E F I T S . L A W

Social Security: Liability for Overpayments When the Social Security Administration (SSA) pays a claimant benefits to which that claimant is not legally entitled, the claimant is said to be "overpaid." Sometimes SSA will seek to recover this overpayment. As it often takes the SSA several years to become aware that benefits are being overpaid, the amounts are generally thousands of dollars.


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T E C H N O L O G Y - Articles by Scott Trudeau, MPLP Technology Manager

Fun with Google Maps


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